6.  The first applicant was born in 1941 and lives in Vratsa. The second applicant was born in 1944 and lives in Montana. The third applicant was born in 1945 and lives in Sofia.
7.  In 1997, several years after the fall of the communist regime, the Bulgarian Government introduced the 1997 Access to Documents of the Former State Security Agencies and the Former Intelligence Department of the General Staff Act (“the Dossiers Act” – see paragraph 47 below), providing for, inter alia, the names of individuals who had worked for or collaborated with certain agencies mentioned in the Act (“the former State security agencies”) to be disclosed. This task was entrusted to a special commission (“the Dossiers Commission”), which had to gather information in the archives of these agencies and on the basis of that information publish reports containing the names of the individuals who had worked for or collaborated with them.
8.  In the run‑up to the parliamentary elections on 17 June 2001, in response to debate concerning the participation of individuals who had allegedly collaborated with the former State security agencies, a clause – section 48(5) – was included in the newly adopted 2001 Election of Members of Parliament Act allowing parties or coalitions which had nominated such persons to withdraw their nominations on the basis of information indicating that they had collaborated with the former State security agencies (see paragraph 41 below).
9.  On 5 June 2001 the Central Electoral Commission – the body overseeing the electoral process – decided that the relevant information could be provided by the Dossiers Commission either through the reports it was supposed to prepare or through certificates issued by it. On the basis of these documents and of a request by the party or coalition concerned, the relevant regional electoral commission could annul the candidate’s registration under the above‑mentioned section 48(5). The party or coalition had to nominate a replacement not later than seven days before the date of the elections.
10.  In a final judgment of 13 June 2001 the Supreme Administrative Court, acting on an application from the Coalition for Bulgaria, one of the groups contesting the upcoming parliamentary elections, declared the Central Electoral Commission’s decision of 5 June 2001 null and void in so far as it provided for collaboration with the former State security agencies to be established on the basis of certificates issued by the Dossiers Commission. It held that the only lawful means of establishing that an individual had collaborated were the reports to be drawn up by the Dossiers Commission. The Dossiers Commission could issue only the documents provided for by law. In deciding that it could also issue certificates proving collaboration with the former State security agencies, the Central Electoral Commission had acted ultra vires, and its decision was therefore null and void.
11.  All three applicants were registered as candidates in the parliamentary elections to be held on 17 June 2001. They ran on the ticket of the National Movement Simeon II, a coalition established in the spring of 2001. Prior to the election they were struck off the lists of candidates on account of allegations, based on certificates issued by the Dossiers Commission, that they had collaborated with the former State security agencies. The decisions to strike them off the lists were subsequently declared null and void by the Supreme Administrative Court. However, the electoral authorities did not restore their names to the lists, and as a result they could not run for Parliament.
12.  The specific circumstances of each applicant are described below.
13.  Mr Petkov was nominated as a candidate for Parliament and registered as such on 17 May 2001.
14.  On 7 June 2001 the National Movement Simeon II, relying on section 48(5) of the 2001 Election of Members of Parliament Act and the Central Electoral Commission’s decision of 5 June 2001 (see paragraph 9 above and paragraph 41 below), requested the annulment of Mr Petkov’s registration. It did so on the basis of a certificate issued by the Dossiers Commission to the effect that he had collaborated with the former State security agencies.
15.  In a decision of 8 June 2001 the Vratsa Regional Electoral Commission annulled Mr Petkov’s registration. It relied on the request made by the National Movement Simeon II and the certificate issued by the Dossiers Commission.
16.  In a decision of 13 June 2001 the Central Electoral Commission refused to examine Mr Petkov’s appeal against the Vratsa Regional Electoral Commission’s decision. It reasoned that under section 48(5) of the 2001 Election of Members of Parliament Act, a party or coalition could request annulment of the registration of its candidates if information was revealed indicating that they had collaborated with the former State security agencies. Each party or coalition could freely assess the facts establishing the existence of such collaboration, and their assessment was not subject to review by the electoral authorities. The purpose of the law was to allow the party or coalition to nominate only candidates of impeccable moral standing. Since a candidate could withdraw his candidacy, it was logical for a party or a coalition to be able to withdraw it as well. Furthermore, it was not open to candidates themselves to challenge the electoral authorities’ decision in the matter.
17.  On 17 June 2001, the day of the elections, after unsuccessfully requesting the Central Electoral Commission to reconsider its position, Mr Petkov lodged an application for judicial review with the Supreme Administrative Court. In a judgment of 21 June 2001 a three‑member panel of that court set aside the Central Electoral Commission’s decision and declared the Vratsa Regional Electoral Commission’s decision null and void. It found that not only the parties and coalitions but also the candidates themselves had standing to seek review of the electoral authorities’ decisions to strike them off the lists. It went on to hold that, while section 23(3) of the 2001 Election of Members of Parliament Act expressly provided for judicial review of some of the Central Electoral Commission’s decisions, this did not mean that the decisions not expressly mentioned therein were not subject to such review, in view of the general rule that judicial review of administrative decisions could be limited only by statute, which was not the case here. It further held that the Central Electoral Commission had erred in accepting that these decisions fell within the regional commissions’ discretion. Under section 48(5) of the above‑mentioned Act, the striking of a candidate off the list had to be predicated on information to the effect that he or she had collaborated with the former State security agencies. In the absence of such information, striking‑off was precluded. The Dossiers Act provided that the only basis for proving collaboration with the former State security agencies was a report from the Dossiers Commission. The certificates issued by the Commission did not constitute such a basis, as already found by the court in its judgment of 13 June 2001 (see paragraph 10 above). The annulment of Mr Petkov’s registration on the basis of such a certificate was therefore null and void.
18.  The same day Mr Petkov asked the Central Electoral Commission to reinstate him on the list of candidates, but apparently no action was taken.
19.  Mr Georgiev was nominated as a candidate for Parliament and registered as such on 17 May 2001.
20.  In a decision of 8 June 2001 the Montana Regional Electoral Commission, acting in response to a request made by the National Movement Simeon II the previous day, annulled Mr Georgiev’s registration as a candidate. It relied on section 48(5) of the 2001 Election of Members of Parliament Act (see paragraph 41 below). In a decision of 13 June 2001 the Central Electoral Commission refused to examine Mr Georgiev’s appeal against that decision, on the same grounds as in the case of Mr Petkov (see paragraph 16 above).
21.  On 15 June 2001, two days before the elections, Mr Georgiev lodged an application for judicial review with the Supreme Administrative Court. In a judgment of the same day a three‑member panel of that court set aside the Central Electoral Commission’s decision and declared the Montana Regional Electoral Commission’s decision null and void, giving the same reasons as in the case of Mr Petkov (see paragraph 17 above).
22.  On 20 June 2001 Mr Georgiev asked the Montana Regional Electoral Commission to reinstate him on the list of candidates, but apparently no action was taken.
23.  Mr Dimitrov was nominated as a candidate for Parliament and registered as such on 16 May 2001.
24.  On 7 June 2001 the National Movement Simeon II, relying on section 48(5) of the 2001 Election of Members of Parliament Act (see paragraph 41 below), requested the annulment of Mr Dimitrov’s registration. It did so on the basis of a certificate issued by the Dossiers Commission on 4 June 2001 to the effect that he had collaborated with the former State security agencies.
25.  In a decision of 9 June 2001 the Razgrad Regional Electoral Commission annulled Mr Dimitrov’s registration. It relied on section 48(5) of the 2001 Election of Members of Parliament Act, the decision of the Central Electoral Commission of 5 June 2001 (see paragraph 9 above and paragraph 41 below) and the certificate issued by the Dossiers Commission on 4 June 2001. In a decision of 13 June 2001 the Central Electoral Commission refused to examine Mr Dimitrov’s appeal against this decision, giving the same reasons as in the case of Mr Petkov (see paragraph 16 above).
26.  The same or the following day Mr Dimitrov sought judicial review of the above decisions by the Supreme Administrative Court. In a judgment of 15 June 2001, two days before the elections, a three‑member panel of that court set aside the Central Electoral Commission’s decision and declared the Razgrad Regional Electoral Commission’s decision null and void, giving the same reasons as in the case of Mr Petkov (see paragraph 17 above).
27.  Mr Dimitrov asked the Razgrad Regional Electoral Commission to restore his name to the ballot paper, which it did in a decision of 16 June 2001, one day before the elections. However, on the same day the Central Electoral Commission set that decision aside, stating that the Supreme Administrative Court’s judgment was not yet final. Mr Dimitrov sought judicial review of the latter decision, and in a judgment of 19 June 2001, two days after the elections, the Supreme Administrative Court declared it null and void. It found, inter alia, that the Central Electoral Commission’s opinion that the court’s judgment of 15 June 2001 was not final was erroneous. It was final and binding, as expressly stated in section 23(3) of the 2001 Election of Members of Parliament Act (see paragraph 45 below).
28.  On 21 June 2001 a five‑member panel of the Supreme Administrative Court rejected as inadmissible the Central Electoral Commission’s appeal on points of law against its judgment of 15 June 2001, reiterating that the judgment was final and not subject to appeal, as stated in section 23(3) of the 2001 Election of Members of Parliament Act (see paragraph 45 below).
(b)  The proceedings before the Constitutional Court
29.  On 4 July 2001 a group of fifty‑seven Members of Parliament (MPs) acting on behalf of Mr Dimitrov requested the Constitutional Court to annul the election of the person who had replaced him on the ticket following his deregistration. The Plenary Meeting of the Supreme Administrative Court made a similar request on 5 July 2001.
30.  In a decision of 9 July 2001 the Constitutional Court declared the MPs’ request admissible and allowed Mr Dimitrov, among others, to intervene in the proceedings as a third party. In a decision of 12 July 2001 the court declared the Supreme Administrative Court’s request likewise admissible and decided to join the proceedings in the two cases.
31.  In a judgment of 2 October 2001 (решение № 17 от 2 октомври 2001 г. по к.д. № 13 от 2001 г., обн. ДВ бр. 87 от 9 октомври 2001 г.) the Constitutional Court, acting under Article 149 § 1 (7) of the 1991 Constitution (see paragraph 35 below), rejected the request. It held that the courts were entrusted with reviewing the decisions of the authorities, including the electoral authorities. In a State governed by the rule of law, the final judgments of the courts were binding on the parties to a case and had the status of res judicata. Therefore, the judgments of the Supreme Administrative Court setting aside and declaring null and void decisions of the electoral commissions were binding on the latter and had to be complied with. However, failure to comply with the judgments could only engage the State’s liability in tort and could not render the election of the person who had replaced Mr Dimitrov on the ticket illegal. That person’s name had featured on the ballot paper and on the list of candidates on the day of the election, having been included at the request of the National Movement Simeon II. The voters had used the ballot papers featuring her name, in accordance with the wishes of the coalition which had put her forward as a candidate.
32.  Two judges dissented. They stated, inter alia, that as the decision of the electoral authorities to strike Mr Dimitrov off the list of candidates had been declared null and void, it had never legally existed. Therefore, his name should have been the one to feature on the ballot paper on the day of the election. The fact that the ballot paper had in fact contained another name did not make good the unlawful decisions of the electoral authorities and did not render the other person’s election lawful.
(c)  Action under the 1988 State Responsibility for Damage Act
33.  In October 2004 Mr Dimitrov brought an action under the 1988 State Responsibility for Damage Act (see paragraph 50 below). At the time of the latest information provided by Mr Dimitrov (15 February 2008), the proceedings were still pending at first instance before the Sofia City Court. Nine hearings had taken place and a further one was listed for 12 November 2008.